Deportation order appeal in Turkey: the 7-day deadline and the process

Deportation order appeal: 7 days from notification

Until 2019 the deadline was 15 days; Law No. 7196 reduced it to 7 days. The period starts when the decision is served on the foreigner or their lawyer. The competent court is the administrative court where the governorship that issued the deportation order is located. The day of notification is not counted; if the last day falls on an official holiday, the period extends to the next working day.

Can you be deported while the case is pending?

Under Article 53(3) of Law No. 6458, unless the foreigner consents, the deportation order is not enforced during the period for filing a lawsuit or until the case is decided. The exception covers people falling under Article 54(1)(b) (links to a terrorist or criminal organisation), (d) (threat to public order, public security or public health) and (k) (identified by international organisations as linked to terrorism). In these cases a request for a stay of execution must be filed together with the petition.

Common reasons for deportation from Turkey

• Overstaying a visa or residence permit.
• Working without a work permit.
• Using forged or invalid documents.
• Being assessed as a threat to public order, public security or public health.
• Not leaving the country within the period given after a residence permit was refused or cancelled.

If your residence permit was refused, see also residence permit refusal appeal.

When can a deportation order not be issued?

Article 55 of Law No. 6458 prohibits a deportation order in certain situations even if a ground for deportation exists. These include:

• serious indications that the person would face the death penalty, torture or inhuman or degrading treatment in the country of return;
• travel being risky because of a serious illness, age or pregnancy;
• victims of human trafficking benefiting from a support programme;
• victims of serious physical or psychological violence whose treatment is ongoing.

These circumstances must be described concretely in the petition and supported by documents.

How the lawsuit works

1. Record the decision and date

   Keep a copy of the deportation order and note the date of notification.

2. Grant a power of attorney

   In a removal centre the power of attorney is usually certified through the centre’s management; outside, a notary is used.

3. Prepare the petition

   Set out the unlawfulness, family ties, residence documents and any Article 55 protection grounds.

4. File the lawsuit

   The petition is filed at the administrative court before the seventh day ends; a stay of execution is requested where needed.

5. Follow the decision

   The court decides within 15 days; there is no appeal against this decision.

Administrative detention before deportation

Being held in a removal centre is based on a separate administrative detention decision. Under Article 57 of Law No. 6458, an application can be made against it to the criminal judgeship of peace. This application has no deadline, but it does not replace the lawsuit against the deportation order. Administrative detention may not exceed 6 months as a rule; in case of non-cooperation it can be extended by up to 6 more months. Detainees have the right to retain and meet a lawyer.

What happens after the court decision?

• Decision annulled: the deportation is not carried out; the person’s residence status then needs to be regularised.
• Lawsuit dismissed: the deportation is carried out and an entry ban and restriction code are usually entered.
• For a later entry ban, see entry ban lifting application and entry ban codes G87 and V87.

Deportation order appeal: frequently asked questions

Official sources

• Law No. 6458 on Foreigners and International Protection, Arts. 53–57
• Administrative Procedure Law No. 2577
• Presidency of Migration Management
• Turkey entry ban removal